Like Pairing Wines and Food, Abstract Review Goes Well with Pink Floyd?

            Being an attorney is often not the same as it is portrayed on the television shows.  It is truly not "As Seen On TV." It might even seem mundane to some folks.  But, what others may find to be mundane tasks, I can find rewarding.  Reading abstracts, I would think, would fall into the category that many folks find mundane. However, I enjoy reviewing abstracts, and one of the reasons I do is because it gives me a sense of the passage of time.  While this probably sounds corny, reviewing abstracts to me is oftentimes more than just a task; it leads me to consider how short our time in life, in the United States, and on the Earth really is (fairly heady stuff from just reviewing some old dusty pages usually locked away in a safe or bank box.) 

            An abstract, for those who do not know,  is a paper trail created by a person known as an "abstractor" that covers a particular piece of real estate and details the history of all recorded documents which affect the title to that land. Sometimes, these abstracts go back to the 1800s, especially on the East side of the State where the Mississippi drew early settlers.  In Iowa, we are very lucky to have generally clean titles for the reason that attorneys review the abstract to help assure clear title.  Iowans should take pride in the title examination process we have in Iowa and appreciate the efforts of abstractors and attorneys who keep a record of the history of our property rights and make sure that history is correct. To you, it means that if you are acquiring real property, you are getting clean title to that property or know of a problem before it is too late (instead of much later learning about the problem when a prior titleholder/lienholder comes out of the woodwork claiming an interest, financial or otherwise, in the real estate upon which you may have spent hard-earned money). 

             

            When reviewing an abstract, I can often see a family's history over the passage of time.  For example, I might see that a husband and wife purchased a home in the 1940's and held the property for several years together, maybe taking out and paying off mortgages on the property during that time.  As life goes, the husband passes several years later, and the house becomes the wife's due to appropriate title planning or through a probate action. She then dies, years or maybe merely months later, and perhaps the couple's children obtain the property through the couple's estate planning or by operation of State law. Thereafter, the children may sell the property to another individual who gets married, and the process repeats itself--all over the course of perhaps 50 to 100 years.  

            In that abstract review, I might also get a good look at our Nation's or State's development over time and feel how recent these developments really are.   I might see a piece of property that is originally described by "metes and bounds," --a long drawn out description of a property measurement which eventually positions the property in relation to the particular principal meridian of the Earth.  That property might be, years later, platted into lots by a developer or a City.  I might see the details of the original patent when Iowa or the United States first deeded a piece of property to the first landowner, oftentimes way back in the 1800s.

            History can sometimes seem like a long time ago--December 28, 1846, sure seems like a long time ago--but when you consider that family members you know or knew were around during or not too long after some of those years, it suddenly does not seem so long ago.  Similarly, when I look at an abstract, I can see how short our lives can be--and can appreciate how important it is to get my head out of the dusty abstract and enjoy time with family and friends when I am able.

 

            If you own a home, I encourage you to look through your abstract sometime, if for no other reason than to just see families that have lived in your home or have been a part of your real estate.  Perhaps, as I do, you'll feel that sense of time and interconnectedness with others.

            Now for the lighter note:  One of my passions has always been music.  If you are ever in the mood to review your abstract, to assist you in appreciating your abstract review experience, may I suggest listening to Pink Floyd's "Dark Side of the Moon" while you do so, or if you can only spend a few minutes, try Alan Parson's Project's "Time." No, I have not done this; as you would expect, I need to fully concentrate on the abstract when I am reading it and not be distracted by some lady's melancholy singing in the "Great Gig in the Sky".  (So, maybe it's kind of like asking a beer lover to suggest a wine/food pairing?)  But, if I was perusing an abstract purely for pleasure, it just seems to me that the song/abstract pairing would complement each other. If you do it, let me know how it works, and enjoy your weekend.

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There are Some Mistakes that No Attorney Can Correct

I am a big believer in personal responsibility.  If you wear pants that belt around your legs with your underwear hanging out, you should expect that at some point your pants will fall down--not blame the belt.  If you stretch out your earlobes to put in large rings, you should expect that you'll regret the floppy earlobes you have when you are 60, not blame your earlobes for not growing back.

            Put a little more seriously,  a person should act respectfully, expect to be treated in a similar manner, should avoid causing harm to others, and should also avoid harming themselves.  If you break these rules, you should expect consequences for your behavior, sometimes criminal consequences.  However, not everyone has committed the crime of which they are accused.  Further, even if they have, we should remember that we all make mistakes, so leniency is sometimes merited in considering punishment for the individual.  As part of my law practice, I help those accused of crimes, preparing and presenting that individual's defense, while additionally helping to insure that the constitutional rights of all are protected from unfair infringement by governmental action. 

            It should come as no surprise that the government can also make mistakes.  When the government makes mistakes, and tramples on an individual's freedoms, it should expect the consequence that even the guilty individual will be cleared of the charges.  After all, this is the best way to insure that all of our personal freedoms are protected.  Heck, even the jail makes mistakes.  For example, I've seen a jail refuse to release someone from its custody despite receiving an order which showed that the inmate ought to be released, apparently because its employees couldn't read the paperwork correctly.  (Hint: "2 years probation" generally means "released from custody" and checking the box "suspended" always means that the prison term is suspended, thus, "released from custody").  It should not take a second order from a Judge which says "Inmate Shall Be Released Immediately" to convince the jail that the inmate is entitled to be released.

            When mistakes are made, sometimes the person making the mistake ought to be given a chance to prove they will not make the mistake again.  Unfortunately, though, the person charged with a crime is often treated just like every other criminal defendant.  The OWI defendant, drug possession defendant, driving offense violator---they often share common categories of stories, and so the system is often tempted to lump them all together in their "crime category" and treat them the same.

            Put very simply, the Criminal Defense Attorney's job is not only to protect that person's constitutional rights, thereby protecting all of our rights (by calling the government on their mistakes).  The job also calls for the Attorney to make the Judge and prosecutor see the accused as a person, not just a category.  By doing so, the Attorney can help the Judge and prosecutor avoid making the mistake of imposing punishment where none is warranted--or of imposing an unfairly harsh punishment.

 

            Everyone makes mistakes, but if the day comes that you need help fixing the mistake, take comfort in knowing that there are attorneys around to help you fix or deal with many of those mistakes.  I do have to admit, however, that I will not be able to fix all of your problems---I'm not going to hold your pants up for you, and you are on your own with the floppy earlobe.
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